No More Learning

The very courts of judicature are
another objection; all causes are heard, at present, in little narrow
rooms, where spirit and strenuous exertion are unnecessary. The
orator, like a generous steed, requires liberty and ample space:
before a scanty tribunal his spirit droops, and the dullness of the
scene damps the powers of genius. Add to this, we pay no attention to
style; and indeed how should we? No time is allowed for the beauties
of composition: the judge calls upon you to begin, and you must obey,
liable, at the same time, to frequent interruptions, while documents
are read, and witnesses examined.

During all this formality, what kind of an audience has the orator to
invigorate his faculties? Two or three stragglers drop in by chance,
and to them the whole business seems to be transacted in solitude. But
the orator requires a different scene. He delights in clamour, tumult,
and bursts of applause. Eloquence must have her theatre, as was the
case in ancient times, when the forum was crowded with the first men
in Rome; when a numerous train of clients pressed forward with eager
expectation; when the people, in their several tribes; when
ambassadors from the colonies, and a great part of Italy; attended to
hear the debate; in short, when all Rome was interested in the event.
We know that in the cases of Cornelius, Scaurus, Milo, Bestia, and
Vatinius, the concourse was so great, that those several causes were
tried before the whole body of the people. A scene so vast and
magnificent was enough to inflame the most languid orator. The
speeches delivered upon those occasions are in every body's hands,
and, by their intrinsic excellence, we of this day estimate the genius
of the respective authors.


XL. If we now consider the frequent assemblies of the people, and the
right of prosecuting the most eminent men in the state; if we reflect
on the glory that sprung from the declared hostility of the most
illustrious characters; if we recollect, that even Scipio, Sylla, and
Pompey, were not sheltered from the storms of eloquence, what a number
of causes shall we see conspiring to rouse the spirit of the ancient
forum! The malignity of the human heart, always adverse to superior
characters, encouraged the orator to persist.
The very players, by
sarcastic allusions to men in power, gratified the public ear, and, by
consequence, sharpened the wit and acrimony of the bold declaimer.

Need I observe to you, that in all I have said, I have not been
speaking of that temperate faculty [a] which delights in quiet times,
supported by its own integrity, and the virtues of moderation? I speak
of popular eloquence, the genuine offspring of that licentiousness, to
which fools and ill-designing men have given the name of liberty: I
speak of bold and turbulent oratory, that inflamer of the people, and
constant companion of sedition; that fierce incendiary, that knows no
compliance, and scorns to temporize; busy, rash, and arrogant, but, in
quiet and well regulated governments, utterly unknown. Who ever heard
of an orator at Crete or Lacedæmon? In those states a system of
rigorous discipline was established by the first principles of the
constitution. Macedonian and Persian eloquence are equally unknown.
The same may be said of every country, where the plan of government
was fixed and uniform.

At Rhodes, indeed, and also at Athens, orators existed without number,
and the reason is, in those communities the people directed every
thing; a giddy multitude governed, and, to say the truth, all things
were in the power of all. In like manner, while Rome was engaged in
one perpetual scene of contention; while parties, factions, and
internal divisions, convulsed the state; no peace in the forum, in the
senate no union of sentiment; while the tribunals of justice acted
without moderation; while the magistrates knew no bounds, and no man
paid respect to eminent merit; in such times it must be acknowledged
that Rome produced a race of noble orators; as in the wild
uncultivated field the richest vegetables will often shoot up, and
flourish with uncommon vigour. And yet it is fair to ask, Could all
the eloquence of the Gracchi atone for the laws which they imposed on
their country? Could the fame which Cicero obtained by his eloquence,
compensate for the tragic end to which it brought him [b]?


XLI. The forum, at present, is the last sad relic of ancient oratory.
But does that epitome of former greatness give the idea of a city so
well regulated, that we may rest contented with our form of
government, without wishing for a reformation of abuses? If we except
the man of guilt, or such as labour under the hard hand of oppression,
who resorts to us for our assistance? If a municipal city applies for
protection, it is, when the inhabitants, harassed by the adjacent
states, or rent and torn by intestine divisions, sue for protection.